USPTO Patents Application 10069463

& United States Patent and Trademark Office

Under Secretary of Commerce for Intellectual Property and
Director of the United States Patent and Trademark Office

Washington, DC 20231
wwwusplo.gov

Paper No.

Jotice of Non-Compliant Amendment (37 CFR 1.121)

The amendment document filed on _is considered non-compliant because it has failed to meet the requirements of 37

CFR 1.121, as amended on June 30, 2003 (see 68 Fed. Reg. 38611, Jun. 30, 2003). In order for the amendment document to be
compliant, correction of the following omission(s) or provision is required. Only the section (1.121(h)) of the amendment
document containing the omission or non-compliant provision must be resubmitted (in its entirety), e.g., the entire
"Amendments to the claims" section of applicant's amendment document must be re-submitted.

THE FOLLOWING CHECKED (X) ELEMENTS(S) CAUSE THE AMENDMENT DOCUMENT TO BE NON-COMPLIANT:
D 1 . Amendments to the specification:

□ A. Amended paragraphs) do not include markings.

□ B. New paragraph(s) should not be underlined.

□ C. Other

□ 2. Abstract:

□ A. Not presented on a separate sheet. 37 CFR 1 .72.

□ B. Other

□ 3. Amendments to the drawings:

4

^Amendments to the claims:
GI A. A complete listing of all of the claims is not present.

□ B. The listing of claims does not include the text of all claims (incl. withdrawn claims)

□ C. Each claim has not been provided with the proper status identifier, and as such, the individual status of each claim
cannot be identified.

D. The claims of this amendment paper have not been presented in ascending numerical order.

□ E. Other: CJcums il i_ ^ssin^*fr^M li b^Lci iJciiViS,

For further explanation of the amendment format required by 37 CFR 1.121, see MPEP Sec. 714 and the USPTO website at
http://www.uspto.gov/web/orTlces/pac/dapp/opla/preoCTOtice/ofiiceflve

If the non-compliant amendment is a PRELIMINARY AMENDMENT, applicant is given ONE MONTH from the mail date of
this letter to supply the corrected section which complies with 37 CFR 1.121. Failure to comply with 37 CFR 1.121 will result in
non-entry of the preliminary amendment and examination on the merits will commence without consideration of the proposed
changes in the preliminary amendment(s). This notice is not an action under 35 U.S.C. 132, and this ONE MONTH time limit is
not extendable.

If the non-compliant amendment is a reply to a NON-FINAL OFFICE ACTION, and since the amendment appears to be a bona
fide attempt to be a reply (37 CFR 1.135(c)), applicant is given a TIME PERIOD of ONE MONTH from the mailing of this notice
within which to re-submit the corrected section which complies with 37 CFR 1.121 in order to avoid abandonment. EXTENSIONS
OF THIS TIME PERIOD ARE AVAILABLE UNDER 37 CFR 1.136(a).

If the amendment is a reply to a FINAL REJECTION, this form may be an attachment to an Advisory Action. The peri d f r
response to a final rejectj n continues to run from the date set in the final rejection, and is not affected by the non-compliant
status of the amendment.

Legal Instruments Examiner (LIE)

July 22, 2003 (rev.)

s Patent and Trademark Office

CQpy

UNITED STATES DEPARTMENT OF COMMERCE
United States Patent and Trademark Office

Address: COMMISSIONER FOR PATENTS
P.O. Box 1450

Alexandria, Virginia 223 1 3- 1450
www.nspto.gov

I

APPLICATION NO.

FILING DATE

FIRST NAMED INVENTOR

ATTORNEY DOCKET NO

CONFIRMATION NO.

10/069,463

02/26/2002

Wilma M Dausch

50683

3250

7590 10/07/2003

Keil & Weinkauf

1350 Connecticut Ave., NW

Washington, DC 20036

EXAMINER

ART UNIT

PENG, KUO LIANG

PAPER NUMBER

1712

DATE MAILED: 10/07/2003

Please find below and/or attached an Office communication concerning this application or proceeding.

PTO-90C (Rev. 10/03)

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

\rpje Application of

DAUSCH et al.
Serial No. 10/069,463
Filed: February 26, 2002

Art Unit: 1712

Examiner: Peng, Kuo Liang

For: COSMETIC AND/OR PHARMACEUTICAL PREPARATIONS COMPRISING

POLYSILOXANE-CONTAINING ADDITION POLYMERS AND USE THEREOF

I hereby certify that this correspondence is being deposited with the
United States Postal Service as first class mail in an envelope
addressed to: Commissioner of Patents and Trademarks,
Washington, D.C. 20231, on:

October 14, 2Q03

Date of Deposit

Persdi
Signature

Herbert B. Keil

Date of Signature

October 14, 2003

Honorable Commissioner of

Patents and Trademarks
Washington, D.C. 20231

RESPONSE AND CORRECTION
TO AMENDMENT FILED UNDER 37 CFR §1.111

Sir:

In response to the Notice of Non-Compliant Amendment of October 7, 2003,
applicants respectfully submit the following remarks and corrected copy of the claims.